Dissolved assemblies of KP, Punjab: President urges ECP to announce election dates

ISLAMABAD: President Dr Arif Alvi, Wednesday, wrote a letter to the Election Commission of Pakistan (ECP) to announce the election date for the dissolved assemblies of Khyber-Pakhtunkhwa (KP) and Punjab at the earliest or else it would be held responsible for violation of the Constitution.

In a letter to Chief Election Commissioner (CEC) Sikander Sultan Raja, the president highlighted the “relevant provisions of the Constitution” after the “dissolution of two Provincial Assemblies, Punjab and KP and consequential elections to be held there”.

It maintained that Article 2A of the Constitution said that “the State shall exercise its power and authority through the chosen representatives of the people”.

The president said, “Such is the unflinching resolve and commitment by the forefathers of the Nation who drafted the Objectives Resolution duly made part of the Constitution (Article 2A). Thus, there remains no obscurity about the democratic principles and values that are to be adhered to, observed and followed”.

It emphasised that the dissolution of a provincial assembly can happen either under Article 105 or Article 112.

“In either situation, the election of the Assembly is to be held within 90 days of the dissolution. Such a mandate stands further fortified by Article 224(2) emphasising the holding of an election in 90 days. The conduct and 1 holding of elections is the primary and essential duty of the Election Commission of Pakistan (ECP) as per PART VIII of the Constitution- in particular Article 218 (3) casts a duty on the ECP to ensure the holding of fair and free election”.

According to the president, if the Commission failed to discharge its functions and duties, it would be held responsible and answerable for the violation of the Constitution.

He stated that as the president, he was “under Oath [Article 42 Third Schedule] ‘to preserve, protect and defend the Constitution’” and that it was his “constitutional responsibility to remind the CEC and Members of the Commission about their fundamental duty”.

“One of the oldest democracies of the current era, the United States of America is strong, I believe also because it has never delayed its elections,” he added.

Alvi maintained that he was of the “firm view that there are no such circumstances as may furnish any justification for delaying or postponing of elections”. He added that postponing constitutionally mandated elections could morph into “serious long-term setbacks to democracy”.

Copyright Business Recorder, 2023